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(영문) 춘천지방법원 강릉지원 2015.09.16 2015고단757
모욕
Text

Defendants shall be punished by a fine of KRW 1,000,000.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

1. On December 23, 2014, Defendant A and Defendant B jointly committed a crime, with approximately 26 members of the victim G elected by the head of the Ban and the head of the Tong, who met with approximately 16 village residents, at the E-house restaurant located in Gangseo-si, Gangnam-si, and around 19:00 on December 23, 2014, the victim G, who was elected by the head of the Ban, changed the minutes of the meeting and the head of the Tong, and the victim of the defect, “I am sliding, our head of the Ban, and our head of the Ban,” and “I am sick in accordance with the head of the Ban,” in cooperation with the victim, thereby openly insulting the victim.

Accordingly, the Defendants conspired to insult the victim publicly.

2. At around 16:40 on January 4, 2015, Defendant A insultd the victim publicly by publicly alleging that the community was gathered with approximately 15 community residents, such as F, J, K, etc. at an I restaurant located in Gangnam-si H, Gangnam-si, without his/her consent, on the ground that: (a) the victim “I am ringer shall not be entitled to the head of the team; (b) the victim “I am ringer shall not be a head of the team; and (c) the victim “I am ring him/her anywhere in accordance with the son.”

3. Defendant B damaged the victim’s reputation by openly pointing out false facts, such as the date, time, place, etc. described in paragraph (2) that “Isn't fit to keep the wind with any male and female” if Isn't have the wind with Defendant A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the respective police protocol of statement to F, J, K, and G;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 311 of the Criminal Act; Selection of fine

B. Defendant B: Article 311 of the Criminal Act; Article 307(2) of the Criminal Act; Article 307(2) of the Criminal Act; selection of each fine

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes: Provided, That with respect to the defendant B, the maximum amount of the above two crimes shall be aggregated;

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